This resource addresses both the statutory and common law context within which international and domestic arbitrations are conducted. It considers issues arising from the interrelationship between arbitral and judicial proceedings, including the enforceability, severability and scope of arbitration clauses. It also covers the availability of stays of proceedings and rights of appeal.
Benefit from:

A discussion regarding why one might go to arbitration and how arbitration may be initiated

A discussion of stays of litigation, appeals and enforcement of awards

Analysis explaining the boundaries between arbitral and court jurisdiction

Case summaries

Advice on drafting an agreement to go to arbitration, procedure and termination of arbitration

Appendices including federal, Ontario and British Columbia arbitration legislation

This invaluable looseleaf service summarizes the history of arbitration as a form of dispute resolution, as well as the evolution of public policy promoting arbitral autonomy. Both statute and common law of all Canadian jurisdictions are covered.

À propos de l'auteur

J. Kenneth McEwan, Q.C., a partner at Hunter Litigation Chambers in Vancouver, is a senior commercial counsel with extensive experience in the areas of complex civil, corporate commercial, securities, product liability and administrative litigation at both trial and appellate levels, including the Supreme Court of Canada. He is a past president and Director of the Sopinka Cup Society, a Fellow and member of the Board of Governors of the International Society of Barristers and a member of the Supreme Court of British Columbia Rules Revision Committee. He has served as facilitator for the Osgoode Hall Masters Program in securities law and is an instructor for the University of British Columbia Advocacy Program.

Ludmila B. Herbst is a partner at Farris, Vaughan, Wills and Murphy LLP in Vancouver and practises primarily in the areas of complex corporate and commercial litigation, arbitration and public law. Both authors have extensive experience in arbitration and mediation and related court proceedings. This book is a product in part not only of their interest in the area but also of their otherwise often frustrating search to find authority dealing with particular issues that arise in the arbitration context. Commercial Arbitration in Canada is the in-depth resource intended to provide the answers.